Family Law Appeals

Can You Appeal the Ruling in Your Colorado Divorce or Custody Case?

You’ve just been through a contested final hearing in your Denver divorce case and disagree with the judge’s decision regarding how your assets are to be divided. Perhaps the court ruled against you, denying your motion to modify parenting time. The reality is that with each issue litigated before a judge, one side may ultimately be dissatisfied with that decision, but where do they go from there? Whatever your circumstances may be, the Denver family law appeals attorneys at Plog & Stein are available to review your case for judicial error and to file an appeal on your behalf. We also defend against appeals brought by the other party. Having an an attorney with a firm grasp of both the law and appellate court standards and procedures is imperative when it comes time to make decisions regarding appealing your case.

If you have concerns with the court’s ruling and feel that the judge just got things wrong, the first step is to contact a family law appeals attorney in Denver to assess what grounds you might have to undo that decision.

Standards and Procedures for Family Law Appeals

Court’s ruling in your Colorado divorce, custody, or child support case can be challenged, depending on the circumstances, and statute affords certain rights and procedures for doing so. The specific action you take depends on what stage your case is at and what level of judge made the decision. If the judge presiding over your case was a “magistrate,” your initial remedy is to appeal the decision within the same courthouse by filing a Petition for District Court Review pursuant to C.R.M. Rule 7. This type of filing must be done within 21 days of the magistrate’s ruling and entails a higher up “judge” reviewing the magistrate’s decision for judicial error. If error is found the decision can be overturned, amended, or “remanded” back to the magistrate for further proceedings consistent with the judge’s findings. If the judge upholds the magistrate’s decision and you still believe error exists, your next step would be the filing of an appeal to the Colorado Court of Appeals. In limited circumstances, magistrate orders can also be appealed directly to the appellate court. In most instances, an appeal to the Court of Appeals will be filed based on a ruling entered by a judge.

Once all remedies are exhausted at the District Court level, your next step will be to seek appellate review of your case under the Colorado Appellate Rules. Litigants must keep in mind that certain deadlines start ticking when any court ruling enters and failure to take action within the prescribed time frames can negate your rights to proceed further. For appeals, a Notice of Appeal must be filed within 49 days of entry of a final order in your case. From there, various additional procedures and deadlines are invoked related to transferring the complete case record from the district court and the filing of Legal Briefs.

At Plog & Stein, our family law appeals lawyers represent Denver clients on both sides of an appellate case, including defending against an appeal filed by your former spouse or partner. We also understand the importance of getting in to meet with an attorney quickly to assess your case and the legal viability of any appellate arguments. Substantively, we bring impeccable research and brief writing skills to each case, understanding that the concise and coherent statement of legal arguments can be the pivotal factor in whether an appeal is successful. If remand is ordered, we are also there for our clients when the case goes back to the district court level.

When weighing your options for challenging a problematic court ruling, the first step is to engage an attorney who can help you thoroughly analyze the situation and assess your realistic options. At Plog & Stein, we strive not only give you a thorough case assessment, but to also look at things from a cost-benefit perspective. Family law appeals can be lengthy, time consuming, and costly. They also acquire great attention to detail and formality. If you are faced with an appeal, regardless of which side of the case you are on, let us put our skills and over 70 years of combined legal experience to work for you.

Retain the services of our experienced Denver family law appeals lawyers!

His passion and ferocity kept me going through this long ordeal.When I first came to Plog & Stein it was simply discuss the renegotiation of child support. Little did I know that within 72 hours I would be retaining Steve Plog for a custody battle. His passion and ferocity kept me going through this long ordeal. I have recommended him to my friends and I would recommend him to anyone with who wants honest and effective representation. Carolyn

★★★★★

I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation.I am thankful for the job Sarah McCain did for me in my fight with my ex-wife for visitation rights with my daughter. Sarah and the team at Plog & Stein handled my case in an efficient, affordable, and professional manner. Sarah negotiated a new parenting plan as well as acceptable visiting rights and even a favorable modification in my child support. I recommend Sarah and the attorneys at Plog & Stein to anyone that has these types of family issues and need strong, knowledgeable representation. Tom

★★★★★

At the end of the day he was able to produce a settlement that was fair to both parties.I highly recommend Stephen Plog for anyone in need of a top notch domestic relations attorney. After a 27 year marriage, Stephen represented me in a complicated and sometimes bitter divorce with many unique challenges. At the end of the day he was able to produce a settlement that was fair to both parties but limited my alimony payments to only 3 years. He is smart, cuts to the chase, knows the court system in the Denver metropolitan area and can be trusted to get his clients the best possible settlement. Neal

★★★★★

Their service was outstanding, with prompt responses to all of my questions.Sarah McCain and Plog & Stein were wonderful to me during such a difficult time in my life. Their service was outstanding, with prompt responses to all of my questions and creative ideas throughout the proceedings to help things go smoothly. Sarah's compassion, patience, and expertise were especially invaluable to me. I highly recommend them. Sandy

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We serve clients throughout the State of Colorado including, but not limited to, those in the following localities: Denver County including Denver; Arapahoe County including Aurora, Centennial, Greenwood Village, and Littleton; Broomfield County; Douglas County including Highlands Ranch, Parker, Castle Rock, and Franktown; Jefferson County including Lakewood, Arvada, Wheat Ridge, and Golden; Adams County including Brighton, Westminster, Northglenn, and Thornton; Boulder County; Elbert County including Elizabeth and Kiowa; El Paso County; Weld County; Larimer County.